SESSION OF 2021
SUPPLEMENTAL NOTE ON HOUSE SUBSTITUTE FOR
SENATE BILL NO. 158
As Amended by House Committee of the Whole

Brief*
House Sub. for SB 158 as amended, would create the
Kansas Medical Marijuana Regulation Act (Act), the Kansas
Medical Marijuana Regulation Program (Program), and
related funds for the Act; define terms related to the bill;
amend law concerning crimes, child welfare, employment,
and discipline of certain medical professionals; create
provisions to address federal re-scheduling of marijuana; and
rename the Division of Alcoholic Beverage Control, Kansas
Department of Revenue (KDOR), as the Division of Alcohol
and Cannabis Control (ACC). [Note: The bill also contains
references to the Division of Alcoholic Beverage Control. This
supplemental note uses ACC throughout.]

General Provisions of the Medical Marijuana Regulation
Act (New Sections 1, 2, 3, and 35)
The bill would prohibit any person from growing,
harvesting, processing, selling, bartering, transporting,
delivering, furnishing, or otherwise possessing any form of
marijuana except as specifically provided in the Act or the
Commercial Industrial Hemp Act.
The bill would further specify nothing in the Act shall be
construed to:

____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
 ● Require a physician to recommend a patient use
medical marijuana to treat a qualifying medical
condition;
● Permit the use, possession, or administration of
medical marijuana other than as authorized by the
Act or on federal land;
● Require any public place to accommodate a
registered patient’s use of medical marijuana;
● Prohibit any public place from accommodating a
registered patient’s use of medical marijuana;
● Authorize any limitation on the number of any
licenses awarded under the Act to otherwise
qualified applicants or authorize any state agency
through rules and regulations to effectively limit the
number of licenses available to otherwise qualified
applicants; or
● Restrict research related to marijuana at certain
educational institutions or private research
organizations as part of an approved research
protocol.
Qualifying Medical Conditions (New Section 2)
The bill would define “qualifying medical condition” to
mean:
● Acquired immune deficiency syndrome (AIDS);
● Alzheimer’s disease;
● Amyotrophic lateral sclerosis (ALS);
● Cancer;
● Chronic traumatic encephalopathy (CTE);
● Crohn’s disease;
● Epilepsy or another seizure disorder;
● Fibromyalgia;
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 ● Glaucoma;
● Hepatitis C;
● Inflammatory bowel disease;
● Lupus;
● Multiple sclerosis (MS);
● Parkinson’s disease;
● Positive status for human immunodeficiency virus
(HIV);
● Post-traumatic stress disorder (PTSD);
● Sickle cell anemia;
● Spinal cord disease or injury;
● Tourette’s syndrome;
● Traumatic brain injury (TBI);
● Ulcerative colitis;
● Pain that is either chronic and severe or
intractable; and
● Any other disease or condition adopted by the
Secretary of Health and Environment (KDHE
Secretary) upon petition recommended for
approval by the Medical Marijuana Advisory
Committee (Advisory Committee).
Allowed Forms and Uses of Medical Marijuana
(New Section 30)
The bill would specify only the following forms of medical
marijuana may be dispensed pursuant to the Act:
● Oils;
● Tinctures;
● Plant material;
● Edibles;
● Patches; or

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 ● Any other form approved by the Secretary of
Revenue.
The bill would prohibit the smoking, combustion, or
vaporization of medical marijuana; any forms or methods of
using medical marijuana that are considered attractive to
children; and the dispensing of medical marijuana from a
vending machine or through electronic commerce.
The bill would define “vaporization” to mean the use of
an electronic cigarette for the purpose of consuming medical
marijuana in which such medical marijuana comes into direct
contact with a heating element.
The bill would further specify plant material could not
have a tetrahydrocannabinol (THC) content of more than 35
percent in its final dispensed form and extracts could not
have a THC content of more than 70 percent in their final
dispensed form.

Medical Marijuana Regulation Program (New Sections 4
and 6-7)
The bill would create the Program, administered by the
following persons and their respective agencies
(administering agencies):
● The KDHE Secretary would provide for the
registration of patients and caregivers, including
issuance of identification cards to registered
patients and caregivers;
● The State Board of Healing Arts (BOHA) would
provide for the certification authorizing physicians
to recommend medical marijuana;
● The State Board of Pharmacy would provide for the
registration of pharmacist consultants and the

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 reporting to the prescription monitoring program
database (K-TRACS); and
● The Director of Alcohol and Cannabis Control,
Kansas Department of Revenue (ACC Director)
would provide for the licensure of cultivators,
laboratories that test medical marijuana,
processors, distributors, and retail dispensaries.
The bill would specify actions taken by administering
agencies under the Act shall be in accordance with the
Kansas Administrative Procedure Act (KAPA) and reviewable
in accordance with the Kansas Judicial Review Act (KJRA).

Licensure Disqualifications (New Section 20)
The bill would specify any license issued pursuant to the
Act could not be issued to a person:
● Who is not a citizen of the United States;
● Who has been convicted of a felony under the laws
of Kansas, any other state, or the United States;
● Who has had a license revoked for cause under
the Act or who has had any license issued under
the medical marijuana laws of another state
revoked for cause except that a license could be
issued to a person whose license was revoked for
conviction of a misdemeanor at any time after ten
years following the date of revocation;
● Who has been convicted of being the keeper of or
is keeping any property, whether real or personal,
where sexual relations are being sold or offered for
sale by a person who is at least 18 years of age or
who has forfeited bond to appear in court to
answer charges of being a keeper of any such
property;

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● Who has been convicted of being a proprietor of a
gambling house, pandering, or any other crime
opposed to decency and morality or has forfeited
bond to appear in court to answer charges for any
of those crimes;
● Who is not at least 18 years of age;
● Who, other than as a member of the governing
body of a city or county, appoints or supervises any
law enforcement officer;
● Who is a law enforcement official;
● Who is an employee of the ACC Director;
● Who intends to carry on the business authorized by
the license as an agent of another;
● Who, at the time of application for renewal of a
license, would not be eligible for such license upon
a first application;
● Who is the holder of a valid and existing license
issued under the Act, unless the person agrees to,
and does, surrender the license to the
administering officer issuing the same;
● Who does not own the premises for which a
license is sought, or does not, at the time of
application, have a written lease for such premises;
● Whose spouse would be ineligible to receive a
license under the Act for any reason other than
citizenship, residence requirements, or age, except
the provisions would not apply when renewing a
license;
● Whose spouse has been convicted of a felony or
other crime that would disqualify a person from
licensure and such felony or other crime was
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 committed during the time that the spouse held a
license;
● Who has not been a resident of the state for at
least four years immediately preceding the date of
application;
○ A license would be forfeited if an individual
licensee ceases to be a resident at any time
after the license is granted;
● Who does not provide any data or information
required under the Act; or
● Who, after a hearing, has been found to have held
an undisclosed beneficial interest in any license
issued pursuant to the Act that was obtained by
means of fraud or any false statement on the
application for such license.
The bill would specify a license could not be issued to a
corporation, limited liability company, limited partnership, or
limited liability partnership if less than 75 percent of the total
equity or similar ownership interest in such entity is owned by
individuals who have been residents of Kansas for at least
four years immediately preceding the application date. A
license would be forfeited if, for more than 90 consecutive
days, less than 75 percent of the total equity or similar
ownership interest in such entity is owned by individuals who
are residents of the state, at any time after the license is
granted.
The bill would require that any:
● Transfer of a license be reported to and approved
by the ACC Director, who could not approve any
transfer to any individual or entity that does not
satisfy the licensing requirements at the time of
transfer;


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● Change in ownership of a corporation, limited
liability company, limited partnership, or limited
liability partnership be reported to the ACC Director
within 30 days after such change occurs. If the
change would result in less than 75 percent of the
total equity or similar ownership interest in such
entity to be owned by individuals who have been
residents of Kansas for at least four years, then
such entity would have 90 days to ensure 75
percent or greater equity of such ownership
interest is held by Kansas residents, or such
license would be forfeited;
● Compensation, fee, expense, or similarly
characterized nonequity or ownership-based
payment that is contingent on or otherwise
determined in a manner that factors in profits,
sales, revenue, or cash flow of any kind relating to
a licensee’s operation, including, but not limited to
profit-based consulting fees and percentage rent
payments be prohibited. The bill would require any
licensee that enters into an agreement for any
prohibited compensation, fee, expense, or payment
to forfeit such entity’s license to the ACC Director.
Such prohibited compensation fee, expense, or
payment would:
○ Include any distribution that is made by an
entity to one or more out-of-state individuals
holding an equity or similar ownership interest
in the entity if such distribution is greater than
25 percent of the total distributed amount; and
○ Not include payments of fixed amounts that
are determined prior to the commencement of
applicable services or payments of variable
amounts based on verifiable quantities
multiplied by a predetermined and reasonably
fixed rate.


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Kansas Department of Health and Environment
Oversight
Advisory Committee (New Section 5)
The bill would create a 15-member Advisory Committee
in the Kansas Department of Health and Environment
(KDHE), including the KDHE Secretary, who would serve as
chairperson. Initial appointments, as follows, would be
required to be made on or before July 31, 2021:
● Eight members to be appointed by the Governor:
○ Two members who are practicing
pharmacists, at least one of whom supports
the use of medical marijuana and at least one
of whom is a member of the State Board of
Pharmacy;
○ Two members who are practicing physicians,
at least one of whom supports the use of
medical marijuana and at least one of whom
is a member of the BOHA;
○ One employer representative;
○ One agriculture representative;
○ One representative of persons involved in the
treatment of alcohol and drug addiction; and
○ One member who engages in academic
research on the use or regulation of medical
marijuana;
● Two members appointed by the President of the
Senate:
○ One law enforcement representative; and
○ One caregiver representative;
● One member, who is a nurse, appointed by the
Minority Leader of the Senate;

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 ● Two members appointed by the Speaker of the
House of Representatives:
○ One mental health treatment representative;
and
○ One patient representative; and
● One employee representative, appointed by the
Minority Leader of the House of Representatives.
Except for the KDHE Secretary, each member would
serve for a period of two years from the date of appointment,
except that members would serve at the pleasure of the
appointing authority. The bill would require a vacancy to be
filled within 21 days of such vacancy. Each Advisory
Committee member would be paid compensation,
subsistence allowances, mileage, and other expenses as
provided by continuing law.
The Advisory Committee would be required to hold its
initial meeting no later than 30 days after the last member is
appointed. The Advisory Committee would be allowed to
develop and submit to the KDHE Secretary and ACC Director
any recommendations related to the Program and
implementation and enforcement of the Act.
The Advisory Committee would be required to make
recommendations to the KDHE Secretary and ACC Director
regarding offenses that would disqualify an applicant from
registration or licensure. The Advisory Committee would be
required to annually review such offenses and make any
subsequent recommendations as deemed necessary.
The bill would require the Advisory Committee to provide
a report to the Legislature prior to January 31 of each year
detailing any concerns or recommended changes to the Act.
Provisions related to the Advisory Committee would
sunset on July 1, 2026.

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Committee Approval of a Qualifying Condition (New Section
5)
The bill would allow any person to submit a petition to
the Advisory Committee requesting:
● A disease or condition to be added as a qualifying
medical condition for purposes of the Act; or
● A disease or condition previously recommended for
approval by the Committee and adopted by the
KDHE Secretary through rules and regulations be
removed as a qualifying condition for purposes of
the Act.
The bill would require the petition to be in a form and
manner as prescribed by the KDHE Secretary and limited to
one described disease or condition and could not seek to add
or remove a broad category of diseases or conditions, and
would be limited to one disease or condition and a description
of such disease or condition.
Upon receipt of the petition, the Advisory Committee
would be directed to review the petition to determine whether
to recommend approve or deny the addition to or removal of
the disease or condition from the list of qualifying conditions.
The Advisory Committee would be authorized to consolidate
the review of petitions for the same or similar diseases or
conditions. When making its determination, the Advisory
Committee would be required to:
● Consult with one or more experts who specialize in
the study of the disease or condition;
● Review any relevant medical or scientific evidence
pertaining to the disease or condition;
● Consider whether conventional medical therapies
are insufficient to treat or alleviate the disease or
condition;
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 ● Review evidence supporting the use of medical
marijuana to treat or alleviate the disease or
condition; and
●